A crown witness alleged Dillon Ricky Whitehawk shot two men from the passenger side of a vehicle on separate occasions, during testimony in court Monday.
Whitehawk is on trial for first-degree murder in the shooting deaths of Jordan Denton and Keenan Toto.
Denton was shot in the 800 block of Robinson Street on Nov. 9, 2019. Toto died Dec. 1, 2019 after being shot in the 1200 block of Queen Street.
Whitehawk has pleaded not guilty to both charges.
The witness claimed to be the driver of the vehicle during both shootings. They cannot be named under a court ordered publication ban.
In opening remarks, the crown alleged Whitehawk “loosely suspected” Denton and Toto were rival gang members and he killed them to rise the ranks in the Indian Mafia (IM) street gang.
Prior to both shootings, the witness told court a group of IM gang members, including Whitehawk, had been driving around the North Central neighbourhood in Regina.
The witness told court the group was looking for “haters” or rival gang members the night of Denton’s death.
The car approached Denton on the street, they said. Someone in the car asked Denton what gang he was with before Whitehawk shot him, the witness testified.
They alleged Whitehawk asked Toto the same question. Toto did not respond before Whitehawk shot him, according to the witness.
The night of Toto’s death, the witness testified that Whitehawk was looking to “catch another body,” which court has previously heard is street gang lingo for committing a murder.
The crown asked the witness why it would be beneficial for Whitehawk to catch another body. The witness said it would help Whitehawk “move up in the ranks.”
Court previously heard of the street gang ranking system from an expert witness earlier in the trial.
At the helm of a gang are the president and vice-president. Below them is the lower leadership referred to as generals or council members. Under the leadership groups, are the “full patch members” also called crew bosses or captains. At the bottom, are the entry-level members known as strikers or soldiers.
Whitehawk was a crew boss with the IM, according to the driver of the vehicle.
CROSS-EXAMINATION
The defence questioned if another gang member in the vehicle could have been responsible for the shootings, during cross-examination.
In their testimony, the witness told court that Whitehawk was riding in the back passenger seat of a small two-door car at the time of Denton’s death. The defence asked why Whitehawk would have shot the gun from the back seat instead of the person who was siting in the front passenger seat.
The witness said the gun was never in the front seat, repeatedly telling court Whitehawk was the one who pulled the trigger.
The defence argued it would have been easy for any one of the gang members in the vehicle to retrieve a gun from one of the IM “gang houses.”
The defence also highlighted the witness’ “minimal” criminal record, arguing they are “experienced at knowing how to avoid blame.”
The witness told court they have been involved in gangs for years. There are only two convictions on their criminal record, according to a court document
The witness was arrested in February 2020 for their involvement in both shootings. However, they were never charged.
In their police statement, the witness said they thought the group was going to go rob someone the night of Toto’s death. However, in their testimony, they told court Whitehawk was looking to kill someone.
The defence asked the witness if they would have agreed to drive the vehicle if they knew Whitehawk was going to shoot someone. They said no.
The witness said in both incidents, they were instructed to stop the vehicle. There were brief interactions between the victims and the people in the car. The witness alleged Whitehawk shot a single bullet in both cases and then the vehicle drove off.
GUNS USED IN SHOOTINGS
Autopsy results show Denton was shot by a .22 calibre rifle. Toto was shot by an SKS rifle.
The driver testified that a gun was already in the vehicle the night of Denton’s death.
However, they told court that they drove the group to a house on Cameron Street where Whitehawk picked up a gun before Toto was shot.
A constable with Regina Police Service’s crime reduction team testified on Monday, linking both types of guns to a man she described as Whitehawk’s brother.
Cst. Chelsea Kotylak was involved in an investigation that began January 2020.
The investigation found Gabriel Whitehawk had a valid possession acquisition license that allowed him to purchase non-restricted firearms, according to Kotylak.
She told court Gabriel used the license to purchase both a .22 Ruger and an SKS rifle from Cabela’s in Regina in the months leading up to Denton and Toto’s deaths.
Police recovered the SKS rifle as evidence during Toto’s death investigation.
Photographic evidence of the SKS rifle that is believed to have killed Toto shows a serial number that matches the gun purchased by Gabriel at Cabela’s.
Gabriel was charged and convicted with trafficking a firearm for the purpose of organized crime, according to Kotylak.
During cross-examination, the defence asked if gangs primarily obtain guns for the whole group rather than an individual member. Kotylak said guns are purchased for the group but usually asked for by a specific individual.
The crown expects to wrap up its evidence on Thursday.
The trial resumes Tuesday at 10 a.m.
